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Draft 7 June 2000

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Draft 7 June 2000

    ST/RB/102

    CONSOLIDATED VERSION

    5 APRIL 2005

INTERNATIONAL TRIBUNAL

    FOR THE LAW OF THE SEA

    STAFF RULES

    STAFF RULES 100.1 to 112.8

    REGISTRAR’S BULLETIN

    2

    Rule 100.1

    Applicability

    Staff rules 100.1 to 112.8 are applicable to all staff members appointed by the Tribunal or by the

    Registrar with the approval of the President of the Tribunal, except staff members specifically engaged

    for conferences and other short-term services.

    3

    Chapter I

    DUTIES, OBLIGATIONS AND PRIVILEGES

    Rule 101.1

    Status of staff

    The solemn declaration made by a staff member on appointment pursuant to article 34 or 35 of

    the Rules of the Tribunal shall be placed in his or her official status file. A new declaration shall be

    made after a break in service that exceeds three months.

    Rule 101.2

    Basic rights and obligations of staff

General

    (a) Disciplinary procedures set out in article X of the Staff Regulations and chapter X of

    the Staff Rules may be instituted against a staff member who fails to comply with his or her obligations

    and the standards of conduct set out in the Rules of the Tribunal, the Staff Regulations and Rules, the

    Financial Regulations and Rules, and all administrative issuances.

    (b) Staff members shall follow the directions and instructions properly issued by the

    Registrar and their supervisors.

    (c) Staff members must comply with local laws and honour their private legal obligations,

    including, but not limited to, the obligation to honour orders of competent courts.

    Specific instances of prohibited conduct

    (d) Any form of discrimination or harassment, including sexual or gender harassment, as

    well as physical or verbal abuse at the workplace or in connection with work, is prohibited.

    (e) Staff members shall not disrupt or otherwise interfere with any meeting or other official

    activity of the Tribunal, nor shall staff members threaten, intimidate or otherwise engage in any conduct

    intended, directly or indirectly, to interfere with the ability of other staff members to discharge their

    official duties.

    (f) Staff members shall not intentionally misrepresent their functions, official title or the

    nature of their duties to States Parties or to any entities or persons external to the Tribunal.

    (g) Staff members shall not intentionally alter, destroy, misplace or render useless any

    official document, record or file entrusted to them by virtue of their functions, which document, record

    or file is intended to be kept as part of the records of the Tribunal.

    (h) Staff members shall not seek to influence States Parties or the Tribunal in order to

    obtain a change from a position or decision taken by the Tribunal or the Registrar, or in order to secure

    support for improving their personal situation or the personal situation of other staff members, or for

    blocking or reversing unfavourable decisions regarding their status or their colleagues' status.

    (i) Staff members shall neither offer nor promise any favour, gift, remuneration or any

    other personal benefit to another staff member or to any third party with a view to causing him or her to

    perform, fail to perform or delay the performance of any official act. Similarly, staff members shall

    neither seek nor accept any favour, gift, remuneration or any other personal benefit from another staff

    4

    member or from any third party in exchange for performing, failing to perform or delaying the

    performance of any official act.

    (j) Staff members shall not unduly interfere or seek to interfere in the proper establishment or the functioning of the joint bodies established under articles X and XI of the Staff

    Regulations to advise the Registrar on disciplinary matters or on appeals by staff members against an

    administrative decision. Similarly, staff members shall not unduly influence or attempt to influence any

    individual participating in the process in the exercise of his or her functions. Nor shall any staff

    member threaten, retaliate or attempt to retaliate against such individuals or against staff members 1exercising their right to appeal against administrative decisions.

Honours, gifts or remuneration

    (k) Acceptance by staff members of any honour, decoration, favour, gift or remuneration from non-governmental sources requires the prior approval of the Registrar. Approval shall be granted

    only in exceptional cases and where such acceptance is not incompatible with the interests of the

    Tribunal and with the staff member's status as an international civil servant. However, staff members

    may occasionally accept, without prior approval, minor gifts of essentially nominal value, provided that

    all such gifts are promptly disclosed to the Registrar or designated head of section, who may direct that

    the gift be entrusted to the Tribunal or returned to the donor.

    (l) The Registrar may authorize staff members to accept from a non-governmental source or a university academic awards, distinctions and tokens of a commemorative or honorary character,

    such as scrolls, certificates, trophies or other items of essentially nominal monetary value.

    (m) Staff members, as part of their official functions, will be expected from time to time to attend governmental or other functions such as meals and diplomatic receptions. Such attendance is

    not considered receipt of a favour, gift or remuneration within the meaning of the Staff Regulations and

    Rules.

    (n) The Registrar may, in exceptional cases, provided that this is in the interest of the Tribunal and not incompatible with the staff member's status, authorize a staff member to receive from

    a non-governmental source an honour, decoration, favour, gift or remuneration other than those

    referred to in staff rules 101.2 (j) to (l) above.

    Conflict of interest

    (o) A staff member who has occasion to deal in his or her official capacity with any matter involving a profit-making, business or other concern in which he or she holds a financial interest,

    directly or indirectly, shall disclose the measure of that interest to the Registrar and, except as

    otherwise authorized by the Registrar, either dispose of that financial interest or formally excuse

    himself or herself from participating with regard to any involvement in that matter which gives rise to

    the conflict of interest situation.

    (p) The Registrar shall establish procedures for the filing and utilization of financial disclosure statements.

    Outside activities

    (q) Staff members shall not, except in the normal course of official duties or with the prior approval of the Registrar, engage in any of the following acts, if such act relates to the purpose,

    activities or interests of the Tribunal:

    (i) Issue statements to the press, radio or other agencies of public information;

    (ii) Accept speaking engagements;

     1 Amended pursuant to Staff Regulation 12.2, Staff Rule 112.2(bis). See Registrar’s Bulletin ST/RB/120 dated

    7 October 2003.

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    (iii) Take part in film, theatre, radio or television productions;

    (iv) Submit articles, books or other material for publication.

    (r) Membership in a political party is permitted, provided that such membership does not

    entail action, or an obligation to take action, by the staff member contrary to staff regulation 1.5. The

    payment of normal financial contributions to a political party shall not be construed as an activity

    inconsistent with the principles set out in staff regulation 1.5.

    (s) The Registrar shall establish procedures whereby staff may seek in confidence

    clarification as to whether proposed outside activities would conflict with their status as international

    civil servants.

Travel and per diem for outside activities

    (t) Staff members who are authorized by the Registrar to participate in activities organized

    by a Government, intergovernmental organization, non-governmental organization or other private

    source, may receive from the Government, intergovernmental organization, non-governmental

    organization or private source, accommodation and travel and subsistence allowance generally in line

    with those payable by the Tribunal. In such cases the travel subsistence allowance that may otherwise

    be payable by the Tribunal shall be reduced as envisaged by staff rule 107.15 (a).

    Rule 101.3

    Performance of staff

    (a) Staff members shall be evaluated for their efficiency, competence and integrity through

    performance appraisal mechanisms that shall assess the staff member’s compliance with the

    standards set out in the Staff Regulations and Rules for purposes of accountability.

    (b) The Registrar shall seek to ensure that appropriate learning and development

    programmes are available for the benefit of staff.

    (c) Performance reports shall be prepared regularly for all staff members in accordance

    with procedures promulgated by the Registrar.

    Rule 101.4

    Hours of work and official holidays

    (a) The Staff Regulations set the normal number of working hours per week for each duty

    station. Exceptions may be made by the Registrar as the needs of the service may require. A staff

    member shall be required to work beyond the normal tour of duty whenever requested to do so.

    (b) The number of official holidays at each duty station is fixed by the Staff Regulations.

    When an official holiday falls on a non-working day, the preceding or following working day which is

    closest to the holiday shall be observed as an official holiday.

    Rule 101.5

    Official holidays

    (Cancelled)

    6

    Rule 101.6

    Change of official duty station

    A change of official duty station shall take place when a staff member is assigned from an

    office of the Tribunal to another office for a fixed period exceeding six months or transferred for an

    indefinite period. Detailment of a staff member from his or her official duty station for service with a

    Tribunal mission or United Nations office, mission or conference shall not constitute change of official

    duty station within the meaning of these Rules.

    Rule 101.7

    Inter-agency loans and other movements

    (a) The Registrar may, with the approval of the President, loan the services of a staff

    member to the United Nations, a specialized agency of the United Nations or another

    intergovernmental organization, provided such loan in no way diminishes the right or entitlements of

    the staff member under his or her letter of appointment to the Tribunal. Such Inter-agency movements

    may also take place under other arrangements, i.e., secondment or transfer.

    (b) Inter-agency loans and secondments are defined in and shall be governed by the

    Inter-organization Agreement concerning transfer, secondment or loan of staff among the organizations

    applying the United Nations common system of salaries and allowances, or by any other agreement

    concluded to this effect.

    (c) (not applicable)

    7

    Chapter II

    CLASSIFICATION OF POSTS AND STAFF

    Rule 102.1

    Classification of posts and staff

     The provisions for the classification of posts and staff of the Tribunal made by the Registrar

    shall be consistent with appropriate provisions for classification of posts and staff within the United

    Nations and in conformity with any decisions thereon taken by the Meeting of States Parties.

    8

    Chapter III

    SALARIES AND RELATED ALLOWANCES

    Rule 103.0

    Salary scales for Language Teachers

    The Registrar shall set the salary scales and conditions of salary increments for staff members

    appointed as language teachers in conformity with the scales and conditions set by the Secretary-

    General of the United Nations applicable to the duty station. These rates and conditions shall be

    published in appendix F to these Rules.

    Rule 103.1

    Salary scales for Field Service personnel

    (Not applicable)

    Rule 103.2

    Salary scales for General Service personnel

    The Registrar shall set the salary scales and conditions of salary increments for staff members

    in the General Service category consistent with the scales and conditions set by the Secretary-General

    of the United Nations applicable to the duty station. These rates and conditions shall be published in

    appendix B to these Rules.

    Rule 103.3

    Wage rates for Trades and Crafts personnel

     The Registrar shall, as necessary, set wage rages and conditions of wage increments for staff

    members in the Trades and Crafts category consistent with scales and conditions of the United Nations

    applicable to the duty station and these shall be published in appendix B of these Rules.

    Rule 103.4

    Salary and wages for locally recruited mission personnel

    (Not applicable)

    Rule 103.5

    Non-resident's allowance

    (a) Staff members in the General Service category who have been recruited from outside

    the country in which the duty station is located shall receive a non-resident's allowance under

    conditions established by the Registrar consistent with conditions established by the United Nations

    provided that in no case shall the allowance be paid to a staff member whose nationality within the

    meaning of rule 104.8 is that of the country of the duty station or to a staff member while he or she is

    excluded under rule 104.7. The non-resident's allowance shall be payable at the rate of $2,400 a year

    for a staff member with no dependent spouse or child and at the rate of $3,000 a year for a staff

    9

    member with a dependent spouse or child. The allowance shall be paid for a maximum period of five

    years at the duty station. Where both husband and wife are staff members entitled to the non-

    resident's allowance, the allowance will be paid to each at the single rate. If they have a dependent

    child or children, the allowance will be paid at the dependency rate to the spouse having the higher

    salary level and at the single rate to the other spouse.

    (b) (not applicable)

    (c) The non-resident's allowance shall not be taken into account in determining Joint Staff

    Pension Fund, medical and group insurance contributions; overtime and night differential

    compensation; and payments and indemnities on separation.

    (d) (not applicable)

    Rule 103.6

    Language allowance

    (a) A staff member in the General Service category shall be paid a language allowance if

    he or she has demonstrated proficiency in the use of both of the two official languages of the Tribunal.

    Staff members whose mother tongue is an official language of the Tribunal must pass the prescribed

    examination in the other official language, in which case the language proficiency examination in the

    mother tongue may be waived. Staff members whose mother tongue is not an official language must

    pass the examination in the language other than that in which proficiency is required for their job.

    (b) Proficiency tests in the use of official languages shall be held not less than once each

    year, under conditions to be approved by the Registrar.

    (c) Staff members in receipt of a language allowance may be required to undergo further

    tests at intervals of not less than five years in order to demonstrate their continued proficiency in the

    use of the two official languages of the Tribunal.

    (d) The amount of the allowance payable to staff in the General Service category shall be

    shown in appendix A to these Rules.

    (e) The language allowance shall be taken into account in determining Joint Staff Pension

    Fund, medical and group insurance contributions; overtime and night differential compensation; and

    payments and indemnities on separation.

    Rule 103.7

    Post adjustment

    (a) Subject to paragraph (d) below, post adjustments under annex I, paragraph 8, to the

    Staff Regulations shall be applied in accordance with paragraph (b) below in the case of staff members

    in the Professional and higher categories who are assigned to a duty station for one year or more.

    (b) (i) The amount of post adjustment for each level and step of the Professional and

     higher categories shall be determined for each duty station by applying the

    multiplier of the post adjustment classification for the duty station to 1 per cent

    of the corresponding net base salary rates.

    (ii) A staff member who is entitled to salary at the dependency rate shall be paid

    post adjustment calculated on the basis of such salary regardless of where the

    dependants reside.

    (c) (Cancelled)

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    (d) While the salary of a staff member is normally subject to the post adjustment of his or

    her duty station during assignments for one year or more, alternative arrangements may be made by

    the Registrar under the following circumstances:

    (i) A staff member who is assigned to a duty station classified lower in the

    schedule of post adjustments than the duty station in which he or she has

    been serving may continue to receive for up to six months the post adjustment

    applicable to the former duty station while the members of his or her

    immediate family (spouse and children) remain at that duty station;

    (ii) When a staff member is assigned to a duty station for less than one year, the

    Registrar shall decide at that time whether to apply the post adjustment

    applicable to the duty station and, if appropriate, to pay an assignment grant

    under rule 107.20 or, in lieu of the above, to authorize appropriate subsistence

    payments;

    (iii) (Not applicable)

    (e) At duty stations where the average rental cost used in calculating the post adjustment

    index is based on the cost of housing provided by the Tribunal, by a Government or by a related

    institution, staff members who have to rent housing accommodation at substantially higher commercial

    rates will be paid a supplement to the post adjustment in the form of a rental subsidy under conditions

    established by the Registrar consistent with conditions established by the United Nations.

    Rule 103.8

    Salary and wage increments

    (a) Satisfactory service for the purpose of awarding a salary increment shall be defined,

    unless otherwise decided by the Registrar in any particular case, as satisfactory performance and

    conduct of staff members in their assignments as evaluated by their supervisors.

    (b) Notwithstanding paragraph (a) of this rule, in the absence of exceptional

    circumstances, salary increments falling due within a month of the date on which a review of a

    probationary appointment is due shall be withheld until a permanent appointment has been granted or

    the probationary period extended. Salary increments granted under this paragraph shall become

    effective in accordance with the provisions of paragraph (c) below.

    (c) Salary and wage increments shall be effective on the first day of the pay period in

    which the service requirements are completed, provided that the period of service may be shortened to

    meet the requirements of rule 103.9 and that such increments shall not be effective earlier than the first

    day of the pay period in which a staff member returns to pay status from a period of leave without pay.

    No increment shall be paid in the case of staff members whose services will cease during the month in

    which the increment would otherwise have been due.

    (d) If a staff member with satisfactory service is changed to a lower salary level, the period

    of service since the last increment shall be credited towards the next increment within the lower level.

    If a staff member whose service has not been satisfactory is changed to a lower salary level, the staff

    member's eligibility for salary increment in the lower level will be based on satisfactory service in the

    lower level.

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